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Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

The Right To 'Trip:' Navigating Psilocybin-Assisted Psychotherapy Under The Right To Try Pathway, Caitlyn S. Greenspun

Loyola University Chicago Law Journal

This Comment explores the legal, ethical, and regulatory challenges surrounding the use of psilocybin-assisted psychotherapy for terminally ill patients under the federal Right to Try (RTT) Act. While psychedelics like psilocybin are demonstrating extraordinary therapeutic potential, particularly in easing end-of-life psychological distress, patients remain barred from access due to the Controlled Substances Act (CSA) and the Drug Enforcement Administration's (DEA) narrow interpretation of its authority. Through a comprehensive analysis of legislative history, regulatory frameworks, and administrative law principles, this Comment argues that the DEA's position not only misinterprets the statutory relationship between the RTT Act and the CSA, but also …

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

Temporary/Forever: The Fissured Economy, Obstacles To Employment, And Regulating The Future Of Exploitation In Temp Work, Kevin Herrera

Loyola University Chicago Law Journal

Among workers in United States, contingent and temporary work arrangements have grown to represent a substantial segment of available jobs, with spikes in their predominance corresponding to major economic shake ups like the Great Recession and the COVID-19 pandemic. These arrangements are part of a larger trend of the “fissuring” of United States employment, wherein applicants are hired by one company and then sent to do their job at another, obscuring who actually employs the worker. Jobs through temp staffing agencies are a particularly dominant form of fissuring among low-wage workers and create conditions under which accountability for workplace abuses …

Racing To The Top Instead Of The Bottom In Illinois Estate Law, Sarah E. Waldeck

Loyola University Chicago Law Journal

In the last two decades, competition for trust business has led states to abolish the Rule Against Perpetuities, authorize trust decanting, and permit self-settled asset protection trusts all in the hope that settlors will bring their trusts (and the fees they generate) within a state's jurisdiction. But this legislation is profoundly inequitable because it primarily benefits wealthy settlors and those lucky enough to be their beneficiaries, while shifting cost and risk to everyone else.

In the face of such competition, Illinois has fought to retain its trust business by passing legislation that allows settlors to opt out of the perpetuity …

Beyond The Editorial Analogy: First Amendment Protections For Platform Content Moderation After Moddy V. Netchoice, Alan Rozenshtein, Kyle T. Langvardt

Articles

This Article examines the Supreme Court’s 2024 decision in Moody v. NetChoice and its implications for social media platform regulation. In Moody, which addressed state laws requiring platforms to host certain content, the Court issued a complex set of opinions that left the scope of platforms’ First Amendment rights uncertain. On the procedural question of how such laws may be challenged, the Court provided a clear holding: it rejected facial challenges to broad content-moderation laws, instead requiring case-by-case analysis of how specific regulations affect different platform features—a shift that undermines the tech industry’s longstanding litigation strategy. But on the …

Women And Corporate Governance: Time Horizons And Stakeholder Analysis, June R. Carbone

Articles

This Article will build on my earlier work with Naomi Cahn and Nancy Levit to use the fate of women in individual companies to shine new light on the temporal orientations underlying corporate and labor and employment law and provide a basis for a new foundation for a combined approach. This Article will first explain why the shift to shareholder primacy, and the accompanying emphasis on short-term results tied to high stakes bonus pay, disproportionately short-changes female employees, whether in management or in line positions. The Article will maintain that it is not the shift to shareholder primacy in isolation, …

Presidential Control And Administrative Capacity, Nicholas Bednar

Articles

Presidential control is the power to direct administrative capacity toward the President’s own policy objectives. Accordingly, presidential power vis-à-vis administrative policymaking has two necessary components: control and capacity. First, the President must have the ability to set the agency’s policymaking agenda and direct the day-to-day activities of its leadership and career employees. Second, the agency needs a well-managed team of policymakers with expertise and experience in both the substantive policy area and the policymaking process. Yet scholars have long assumed—without much empirical testing—that the administrative state has sufficient capacity to implement the President’s agenda. Not so.

This Article argues that …

Anticipating A New Modern Skidmore Standard, Kristin E. Hickman

Articles

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “respect” or “weight” under the Skidmore standard during judicial review. Yet, the Court in Loper Bright offered only a few limited references regarding Skidmore as a doctrine, with little guidance regarding what judicial review under Skidmore ought to look like. The Court might not have felt the need to elaborate, as courts have been applying Skidmore for eighty years. As applied, however, Skidmore is a more complicated doctrine than many people realize. An extensive Skidmore jurisprudence exists, with nuances that at …

Legal Scholarship Through The Lens Of Generative Ai, Darkly, Andrew Martineau, Loren Turner

Articles

Unlike traditional search engines limited to connecting users to original source content, generative AI systems produce new, ad-hoc sources of information derived primarily from patterns in their training data and information fed into the system as context. As such, generative AI systems can play a mediating role between users and information sources, especially when these systems are integrated into databases and web search engines. This article examines how GPT-4 (ChatGPT) interacts with law review articles, revealing its unreliability in summarizing them independently but notable accuracy when provided with full-text input. Retrieval augmented generation (RAG) offers a potential solution for improving …

Phyllis Schlafly And How Forgetting Women's Struggles For Equality Perpetuates Inequality, Jill Elaine Hasday

Articles

In a nation whose Constitution purports to speak for “We the People,” too many of the stories that powerful Americans tell about law and society include only We the Men. A long line of judges, politicians, and other influential voices have ignored women’s struggles for equality or distorted them beyond recognition by wildly exaggerating American progress. Even as sexism continues to warp constitutional law, political decisionmaking, and everyday life, prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind.

This symposium essay draws on my book, We the Men, to …

Avoision: When Government Lawyers Turn The Sovereign Against Itself, Richard Painter

Articles

Lawyers sometimes use legally permissible but ethically dubious strategies to avoid the law and at other times they cross the line into illegal law evasion. Between the two is a gray area of conduct highly likely, but not certain, to be illegal known as law “avoision.” Lawyering at the outer limits of the law is controversial in the private sector when lawyers represent clients against the government or against other private parties. The better interpretation of the law may stand on the other side, and the lawyer must decide how far to go in an arguably illegal direction on behalf …

Obamacare For Homeowners Insurance: Fixing America's Broken Insurance Markets In A Time Of Climate Change, Daniel Benjamin Schwarcz

Articles

Over the last decade, homeowners insurance markets nationwide have experienced unprecedented instability due to climate change. These disruptions, which are likely to accelerate in the coming years, risk destabilizing real estate markets, triggering financial instability, and undermining the nation’s resilience to climate change. Despite these massive stakes, federal and state reforms to date have largely failed to result in more accessible and affordable homeowners insurance coverage that promotes climate change resilience. This Article offers a new way forward, arguing that today’s troubled homeowners insurance markets resemble the broken, state health insurance markets that pre-dated the 2010 passage of the Affordable …

Applying The Regulatory Report Card To Tax Regulations, Kristin E. Hickman, Bridget C.E. Dooling

Articles

An invited contribution to an issue of the Journal of Benefit–Cost Analysis honoring the work of the late Dr. Jerry Ellig, this essay recognizes and draws upon the Regulatory Report Card methodology developed by Ellig and Dr. Patrick McLaughlin to evaluate the quality of regulatory impact analysis published by federal government agencies in conjunction with notice-and-comment rulemaking. The essay anticipates a forthcoming study of changes to tax regulatory practices as a result of a 2018 Memorandum of Agreement between the Treasury Department and the Office of Information and Regulatory Affairs – a study the authors discussed and hoped to conduct …

Liability, Property, And Inalienability Rules In Employee Data Regulation, Matthew T. Bodie

Articles

Legal protections for workers’ data have usually taken the form of privacy protections designed to deter data processing that is excessive or invasive. Such protections generally fall into the category of liability rules, under which rights can be infringed as long as compensation is provided for the violation. As Guido Calabresi and A. Douglas Melamed have described in “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” liability rules are contrasted with either property rules that prevent the involuntary transfer of rights or inalienability rules that prohibit rights transfers altogether. This article explores how property rules and inalienability …

Reclaiming The Genius Of A Free State, Tennessee's Forgotten Anti-Monopolies Clause, Braden H. Boucek

Belmont Law Review

This article argues that Tennessee’s Anti-Monopolies Clause—enshrined in Article I, Section 22 of the Tennessee Constitution since 1796—has been systematically underenforced and misconstrued by Tennessee courts. Although the constitutional text unequivocally provides that “monopolies are contrary to the genius of a free State and shall not be allowed,” judicial interpretation has diluted this categorical prohibition by importing deferential federal rational basis review and engaging in “lockstepping” with federal substantive due process doctrine. The author contends that this approach is doctrinally unsound because the U.S. Constitution contains no analogous anti-monopoly provision, rendering federal precedent inapposite. Through historical analysis grounded in originalist …

Harvesting Humans, Joanmarie Ilaria Davoli

Belmont Law Review

This Article examines allegations of systematic forced organ harvesting by the People’s Republic of China and argues that existing U.S. federal criminal law provides an underutilized mechanism to deter American participation in that industry. Tracing the historical development of China’s transplant system—from the use of executed prisoners to the alleged targeting of prisoners of conscience, including Falun Gong practitioners and Uyghurs—the Article situates organ procurement practices within broader human rights and genocide concerns. It contends that despite congressional hearings, resolutions, and proposed sanctions, meaningful deterrence has been limited. The Article advances a novel enforcement theory: prosecution of U.S. persons under …

But-For Or Not But-For, The Question Is Answered, Samuel Rawlings Barnett Jr.

Belmont Law Review

In But-For or Not But-For, the Question Is Answered, Samuel Rawlings Barnett Jr. examines the ongoing federal circuit split regarding the appropriate causation standard for retaliation claims under the Family and Medical Leave Act (FMLA). While some circuits apply a “motivating factor” standard, others require plaintiffs to prove “but-for” causation. The Note situates this division within the Supreme Court’s broader shift in employment discrimination jurisprudence from the mixed-motive framework of Price Waterhouse v. Hopkins to the stricter “but-for” standard articulated in Gross, Nassar, and Comcast. Through close statutory analysis of 29 U.S.C. § 2615(a)(1) and § …

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Pope

Faculty Scholarship

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

2025 Shepard Broad College Of Law Admissions Viewbook, Nova Southeastern University

Shepard Broad College of Law Viewbook

No abstract provided.

Donor Standing To Enforce Charitable Gifts In The 21st Century, Nancy Mclaughlin

Utah Law Faculty Scholarship

This Article outlines the current state of the law regarding donor standing, which illustrates two realities. First, there is an increasing lack of coherence in the law, which has negative consequences, including that the same charitable gift may now be subject to different donor-standing rules depending on completely arbitrary factors. Second, the trend is in favor of granting donors and certain others standing, although this trend is occurring in a haphazard way. This Article also discusses the various factors that led the law of donor standing down this path. Among other things, there has been a gradual normalization of the …

The Supreme Court’S 2024–2025 Term: Eroding Public Health, Health Equity, And Access To Justice, Daniel G. Aaron, Wendy E. Parmet

Utah Law Faculty Scholarship

In this moment, the public health community can no longer afford the luxury of staying outside the arenas of politics and law. They must research empirically the impact of judicial decisions on health, treating the court’s decrees as a social determinant of health. They must also educate lawmakers on the impact of court decisions on people and patients, partner with policy and legal experts to inform the public about the important role that courts play in determining the health of individuals and communities, and attempt to combat the misinformation that muddles popular understandings of public health. Should we remain silent, …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

No abstract provided.

How Climate Change And Environmental Policies Affect Impoverished Communities, Nicole Skala

Journal of Race, Gender, and Ethnicity

Climate change is a global problem that affects everyone, but not proportionately. Lower income communities face greater physical and economic impacts, and policies often fail to consider their needs. These communities struggle to adapt and recover from disasters due to limited resources, and they lack access to resilient housing. Major corporations like Exxon and Shell profit while their workers are underpaid for dangerous labor. Historically, regions like rural Appalachia have seen exploitation through industries like coal. People of Color (POC) communities experience environmental racism, suffering greater environmental harm due to systemic neglect. Increasing commodity costs can hurt lower income individuals, …

Looking Beyond The Blue: Exploring The Experiences Of Black Female Police Officers During Training, Stephanie M. Almodovar

West Chester University Doctoral Projects

This study employed a basic qualitative approach to explore the experiences of Black cisgender female police officers during the field-training segment of their police academy experience. Individual interviews were conducted using semi-structured questions to gain insight into how these officers interpreted and made sense of their experiences. The sample consisted of five Black female officers employed at accredited law enforcement agencies in the United States who had completed field training within the past decade. Data was collected through interviews and a demographic questionnaire. The interviews were transcribed and analyzed using both inductive and deductive coding. Four key themes emerged from …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

An Almighty Influence: Catholicism's Hand In Divergent Abortion Protection Outcomes From The Philippine And Mexican Judicial Systems, Maris Medina

Loyola University Chicago International Law Review

Since Spain introduced Catholicism in Mexico and the Philippines by way of violent colonization, the religious institution has fulfilled an enormous role in the two countries' governance. When considering reproductive justice, it is evident that the Mexican and Philippine governments' relationships with Catholicism have shaped the way political and judicial structures grant access to, interpret, and govern the right to abortion. With Catholicism's influence in government, how has one country decriminalized abortion and the other continues to levy criminal prosecution against it?

The 2023 decision from Mexico's Suprema Corte de Justicia de la Nación decriminalizing abortion nationwide tracks a greater …

Agoa In The New Context Of The Affcfta: The Need For Renewal And Reform, Melissa Zindel

Loyola University Chicago International Law Review

The African Growth and Opportunity Act (AGOA) ("Act") (19 U.S.C. § 3701) was signed into law on May 18, 2000, to promote "stable and sustainable economic growth and development" in sub-Saharan African countries through a system of enhanced trade preferences. Congress extended the Act in 2015, and it is currently set to expire in September 2025. The economic climate on the African Continent has changed substantially since AGOA's 2015 renewal, in large part due to the ratification of the African Continental Free Trade Agreement (AfCFTA), which went into effect on May 30, 2019. Nearly every African nation has now signed …

"Not A Victimless Crime": A Comparison Of Global Regulatory Frameworks And The Future Of The International Community's Response To Artificial Intelligence Crime, Blake Morrow

Loyola University Chicago International Law Review

The international community continues to implement regulations on artificial intelligence (Al). Fueled by AI's burgeoning generative ability, the technology's growth presents a heightened risk that bad actors will use Al systems to facilitate crimes or produce harmful content, including the production of child sex abuse materials (CSAM).

Despite this heightened risk, countries and other regulatory bodies struggle to balance the benefits of Al innovation against limiting any potential dangers. Moreover, with no uniform international regulations on Al and very little guidance from international leaders, the global Al regulatory landscape remains a fragmented patchwork of domestic approaches that limit international cooperation. …

Fair Play Or Fraud: The Disparity Of Wada's Enforcement Of International Anti-Doping Laws In Russia And China, Ashleigh Kaosombat

Loyola University Chicago International Law Review

This note examines the World Anti-Doping Agency's ("WADA") disparate enforcement of its Code in doping cases involving Russian and Chinese athletes, highlighting inconsistencies in sanctioning and examining the consequences of these deviations. This disparate application of WADA's Code provisions frustrates the agency's mission to promote fair competition in international sport by diluting the legitimacy and authority of its enforcement. In both WADA v. RUSADA (2020) and WADA v. RUSADA (2024), WADA launched full investigations into Russian athlete doping in international sporting competition.

WADA v. RUSADA (2020) demonstrates WADA's condemnation of Russian state-sponsored doping practices, while WADA v. RUSADA (2024), Kamila …